Nanny poaching?

[HappyDaddy]

I hope there are some with a legal bent, or experience who can answer this for me.

Our childminder, works at nursery during the day and brings our dd home with her after work. She's keen to move into nannying and we're keen to take dd out of nursery and for her to be dd's nanny.

Here's the question. What are the implications and workaround if the nursery suspect we've poached her? It's possible they will as we'll have to give notice to take dd out of nursery and childminder will also have to give her notice at the same time. It would be so perfect if we can get this to happen but don't want to get caught in some legal bullshit argument with the nursery.

Kent.

big chain=more likely to have contract with stipulated NO POACHING ALLOWED
independant jobbie=might be more trusting

Very independent, not even affiliated with school who's grounds they share.

I think you'll be fine, particularly if you didn't sign anything.Good luck, hope it all works out, fortune favours the bold

Thanks for everyone's help.

We 'poached' a nanny from our children's nursery. There was no clause in our contract forbidding it. The nanny was open and honest with the nursery and there were no problems.
However, once she was working for us, one by one her nursery nurse friends got introduced to mums who nanny met on the school run, and also got nanny jobs. Nursey ended up very short staffed and I am dreading bumping into nursery manager in the high street

With regard to finding out if there is a contract between you and the nursery, perhaps have a chat with them about the possibility of removing your child from their care. Tell them that you have mislaid your paperwork and want to know how much notice you need to give them if you were to remove your child. Be honest with them and tell them that you are rethinking your childcare options and thus why you are making initial enquiries - avoid going into details, so it is purely initial enquiries only at this stage. The nursery may then say that it says x number of weeks in contract, and you can then ask for a copy of the contract.

The childminder as an employee of the nursery should legally have a contract (especially if they are paid). It may be quite loose, but it should certainly exist. Though your childminder breaching their contract with their employer isn't really your problem.

One thing I would like to point out here is that when you take on your childminder as your nanny, your relationship changes. Currently you are a client of your childminder - and your childminder dictates the terms and are self-employed. As a nanny, they are your Employee and you dictate the terms, plus you have to deduct Tax, NI from their Gross salary, and also pay Employers NICs to HMRC. As your childminder will be your employee, a lot of employment law legislation will kick in, so please make sure you understand your responsibilities as an employer. You will find quite a lot about this on this mumsnet forum regarding employing a nanny. Any queries - just ask.

Nannynick, I've been investigating the legal and employment responsibilities this week. Thanks for your input, too.

Ecoli, I wouldn't be surprised if some of the others leave the nursery soon. Though many of them leave and return so it's all pretty fluid.